“A society that takes itself too seriously risks bottling up its tensions and treating every example of irreverence as a threat to its existence. Humour is one of the great solvents of democracy. It permits the ambiguities and contradictions of public life to be articulated in non-violent forms. It promotes diversity. It enables a multitude … Continue reading »
Category Archives: Trade marks
L’Oréal Acquires Nice & Lovely Trademark in Multi-Billion Shilling Deal
Media reports (here, here and here) indicate that the world’s largest multinational cosmetics company L’Oréal has acquired Kenya’s Interconsumer Products Ltd’s flagship Nice & Lovely brands, in a multi-million dollar acquisition reported this past week. L’Oréal opened shop in Nairobi in late 2011 and has for the past 18 months been in talks with Interconsumer … Continue reading »
Intellectual Property and Outdoor Advertising in Kenya
Businesses often spend much time and money to create a successful advertising campaign. It is important to protect your intellectual property (IP) assets, so that others do not unfairly copy or free-ride upon your innovative creations.” – Lien Verbauwhede, WIPO. Like in many parts of the world, the advertising sector in Kenya is the new … Continue reading »
State of Kenya’s Intellectual Property Protection and Enforcement Regime
A study commissioned by the International Chamber of Commerce (ICC) Business Action to Stop Counterfeiting and Piracy (BASCAP) initiative reports that Kenya’s current intellectual property (IP) rights regime performs poorly in international gauges, ranking 95th of 130 countries in the IPR Index and 106th of 140 economies in the Global Competitiveness Index 2010. The BASCAP … Continue reading »
Constitutional Protection of Traditional Knowledge in Zimbabwe and the Robert Mugabe Fashion Brand
Recently, the people of Zimbabwe went to the polls in a referendum vote for the acceptance or rejection of a draft new Constitution to replace the Lancaster Constitution of 1980, tied with their independence from Britain in 1980. A copy of the Constitution Select Committee (COPAC) Final Draft Constitution is available here. Local media reports … Continue reading »
Paradoxes of Equality and Inequality: Multiple Exclusions in Intellectual Property Law and Practice
…To debunk the fallacies of equality does not depend as much on might or brute force as on subtle, seemingly miniscule but powerful actions taken every hour and every day.” – Prof. Patricia Kameri Mbote, SC., 24th January 2013. Equality remains a difficult and deeply controversial social ideal. At its most basic and abstract, the … Continue reading »
PIIPA Pro-Bono Request for Assistance: Trademark Infringement of Solar Lighting Product in Kenya
Public Interest Intellectual Property Advisors (PIIPA) describes itself as a global nonprofit resource for public interest organizations in developing countries seeking expertise in intellectual property matters to promote health, agriculture, biodiversity, science, culture, and the environment. It’s partner organisations include WIPO, UNECA, WHO, World Bank, among others. Now, PIIPA is requesting any and all pro-bono … Continue reading »
Kenya: Cease and Desist Letter in respect of PepsiCo and Seven-Up International Trademarks
IPKenya has come across this letter in the papers by Seven-Up Bottling Company based in Kenya warning other companies to cease and desist from importing Pepsi-Cola soft drinks from “other” sources. The subject of the letter reads: “RE: Sale and Distribution of Trade Mark Products of PepsiCo” and it states in part: “It has come … Continue reading »
Safaricom’s M-Pesa: An Intellectual Property Success Story for Trademarks in Kenya
@bankelele @iddsalim @mediamk @terryannechebet Original team was Nick Hughes and me. I came up with concept and architecture.— Paul Makin (@paulmobe) October 28, 2012 In a recent article titled: “M-Pesa inventor plans to light low income homes” the Daily Nation reports that “The man behind the M-Pesa mobile money transfer service Nick Hughes has unveiled … Continue reading »
Why Intellectual Property Law in Kenya Should Recognise Colour Trademarks
Recently, IPKenya has been following the spirited campaign by Christian Louboutin to assert and protect its trademark red sole, culminating in the highly anticipated outcome of its on-going court battle with fashion house Yves Saint Laurent (YSL). The story goes something like this: in 1992, Christian Louboutin decided to give his shoes a distinctive feature … Continue reading »